The US Supreme Court upholds contractual provision waiving class arbitration (American Express / Italian Colors Restaurant)

Plaintiff merchants asserted antitrust tying claims against American Express, alleging that its “honor all cards” rule leveraged its monopoly power in the credit card market to force merchants to accept cards with higher interchange fees than they would have paid in the absence of that rule. Certain contracts between American Express and the merchants required arbitration of any disputes, and provided further that

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Douglas Richards, Christopher J. Cormier, The US Supreme Court upholds contractual provision waiving class arbitration (American Express / Italian Colors Restaurant), 20 June 2013, e-Competitions Bulletin US Supreme Court, Art. N° 54834

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